H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.

Published on:July 5, 2010

The Colorado Law of Self Defense – Make My Day Law Works As It Was Intended

The Colorado Law of Self Defense worked properly this month in Denver Colorado. A Denver man was compelled to take the life of an intruder in defense of his home. The Denver District Attorney — reviewing the case for the possible filing of charges — found that the death had in fact occurred at the hands of the homeowner when the man tried to break into his home. The homeowner was immune from prosecution because of Colorado’s Make My Day Law.

The deceased, a young man of only seventeen-years, tragically died after being shot by the homeowner.

“The DA reviewed all of the available information and evidence and in light of appropriate self defense statutes they concluded the homeowner was defending himself and he was engaged in self defense,” Denver DA spokesperson Lynn Kimbrough
said.

Colorado’s Make My Day Law protects homeowners who take action to stop someone from breaking into a homeowner’s house. According to the DA’s office, the Make My Day Law was one of the statutes that led them to clear the homeowner of any wrongdoing.

After the shooting, a Denver Police Department spokesman said he believed the men were trying to get inside the house. “You’ve got a situation where they breached the
home, and then the homeowner took action against the suspects for breaching his home, that’s how we understand it at this point in time,” DPD spokesperson Sonny Jackson said. Jackson reminded homeowners to keep their houses secure even as warm weather tempts people to open windows in their homes.

“Don’t leave your windows unlocked, don’t leave your doors open. Be aware that there are individuals who will try and take things from your home,”
Jackson said.

Credit is Given to Denver’s Channel 9 News and the Denver Post Online for breaking the story.

H. Michael Steinberg’s Take:

Twenty plus years ago, I was only a young DA when the Make My Law was passed in Colorado. All of the fears that law enforcement and others had about the abuse of the law never materialized. Here, the law worked as it was intended. It was used by a man defending his home. He was itherefore mmune from prosecution — good call by Mitch Morrissey – the Denver DA.